Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Customs transaction value cannot be rejected or enhanced on the basis of unauthenticated certificates of origin or purported export shipping bills obtained from third parties. Where the declared price is supported by the overseas sale contract, no excess payment is alleged or proved, and the Department produces no evidence of contemporaneous imports of identical or similar goods at higher prices, under-valuation is not established. Uncorroborated acknowledgment of unverified documents does not prove their correctness. The enhanced assessable value of imported cigarettes was therefore set aside. Penalty proceedings against a deceased individual appellant abate upon production of a death certificate.
Customs transaction value cannot be rejected or enhanced on the basis of unauthenticated certificates of origin or purported export shipping bills obtained from third parties. Where the declared price is supported by the overseas sale contract, no excess payment is alleged or proved, and the Department produces no evidence of contemporaneous imports of identical or similar goods at higher prices, under-valuation is not established. Uncorroborated acknowledgment of unverified documents does not prove their correctness. The enhanced assessable value of imported cigarettes was therefore set aside. Penalty proceedings against a deceased individual appellant abate upon production of a death certificate.
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